Thoughts upon government

Dedication

Dear Lord Derby,

I dedicate this Work to you.

We have long been friends, and in former days we were sometimes associates in work.

Contents

CHAPTER PAGE

I. Introductory Remarks i

II. The Fitness of the British People for

Chapter I. Introductory Remarks

THINK, that there are few studies, chap. which would conduce more to human ■ — happiness, than a thorough consideration of Government — of its duties, its powers, its privileges, and especially of the limits which should be assigned to its interference. Much Functions.

of govern-

more is dependent upon government than at ment. first sight appears. Its functions do not merely include peace and war, the maintenance of justice and the regulations of police; but they relate to material well-being of all kinds.

INTRODUCTORY REMARKS.

chap. And, what is perhaps of even greater import-

• — ' ance, the advancement of Art, Science, and

Literature depends, much more than is generally imagined, upon the functions of government being well-defined, well-directed, and judiciously exercised.

It is also to be observed, that that invaluable part of the education of grown-up people, which is evoked by political action, should be adequately maintained, and, if possible, Aid to continually extended. Everybody should be

government the made to aid in government.

duty of

all. It is universally admitted that we live in

an age of rapid transition. New modes of thought have arisen amongst us ; new elements of political force have been developed ; new branches of science are playing a very signifi-

Poiitical cant part in human affairs. Take political

economy.

economy, for instance — a science so recent, that there are many persons who may almost remember its introduction ; that is, its introduction into England, for the great Italian writers already had considered the principal subjects of political economy, which were, for the most part, new to us. We

IN TROD UCTOR Y REMARKS.

owe much to political economy ; but I do not chap.

hesitate to say, that there has been a certain « —

presumptuousness attending its introduction — that presumptuousness which belongs to everything that is young — which requires to be noted, and made allowance for, when we endeavour to reconcile what may be well called the dictates of political economy, with the functions of civil government.

I am now going to speak somewhat egotistically ; but what I shall say is not meant to be egotistical, but merely explanatory, with the view of bringing myself and my readers into closer contact, and conducing to our harmony and understanding. I sincerely Author's

claims to

think I have some especial claims to be heard be heard « upon questions relating to government. I entered the public service immediately after leaving the university ; I held, in succession, several offices, which ought to have given an observant man great opportunities of remarking the conduct of business in various Departments. When I ceased to be actively employed in the public service, I was frequently still obliged to entertain grave

B 2

INTRODUCTORY REMARKS.

chap, questions relating to government — being honoured, from time to time, by having such questions sent to me for consideration. I have since re-entered official life, and held an office which, from its nature, compels its holder to have some insight into the working of all the Offices under the Crown. I should be, therefore, a very inconclusive person, if I had not come to some definite ideas upon the general question of government.

I have, however, one strong reason for dwelling on these circumstances, which affects myself. It is, that if, in the course of this work, I should speak sometimes authoritatively, it is not to be attributed to any assumption of authority. It is often impossible to give all the reasons for a con- Experi- elusion. One's experience does not always

ence not

always embody itself in the form of reasoning. A

embodied v °

in the form doctor cannot always tell you why he has

of reason. J J J

come to certain conclusions about a patient's case. There are subtleties of observation which do not readily take a precise and logical form; but which, nevertheless, are well founded, and are often of extreme significance.

INTRODUCTORY REMARKS.

Then again, I have mentioned these circum- chap. stances, because, as I mean to be brief in the ' — > — exposition of my views, I would ask my readers occasionally to give credit to my experience, and to believe that, in some cases, I have reasons which, for the sake of brevity, I do not put forward.

Above all things, I am anxious to take my Readers

to be

readers into council with me. I do not sup- taken into

council.

pose that any man (certainly not this writer), can be absolutely right in the views that he brings forward. Nothing is more odious to me than dogmatism, in matters which admit of much discussion, and in which vast numbers of people are interested. I would even have my readers remember that I am an official man, and may have all the prejudices belonging to my calling.

In this introductory chapter, I also think Conclusions it right to mention that, though many of the mostly

. . apply to

conclusions which I come to are of a general the British

** Govern-

nature, and would apply to the government ment - of other nations, it is the Government of Great Britain, and her dependencies, which is mainly in my mind ; and, only in respect of it should

INTRODUCTORY REMARKS.

chap. I pretend to have the experience which would ^-^ — ' justify me in writing, in detail, upon this difficult subject.

Moreover, whatever I shall say about government is to be considered as independent of the form of government. I do not go the length of Pope's saying —

For forms of Government let fools contest — Whate'er is best administer'd is best ;

Opinion for I rather partake of the opinion of

of George

in. about George III. (not altogether an unprejudiced Constitu- observer), that the British Constitution is the

tion. '

best that has yet been devised by man. But I admit that, both in ancient and modern times, there have been other forms of government, which have fulfilled much of what I think admirable in a governing power. I merely wish my readers to remember, that this work is written by one who has lived under a constitutional monarchy ; has been satisfied with that form of government ; and has it chiefly in mind when he is discussing governmental questions.

Having now, as I hope, put myself upon an

INTRODUCTORY REMARKS.

amicable footing with my readers, and espe- chap.

cially begging them to consider, that I do not desire to impose upon them my views, but, Author's on the contrary, would urge them to regard gestive

rather

all that I say as suggestive rather than con- than conclusive, elusive, I will, at once, commence the treatment of the subject.

II. British people easy to govern

THE FITNESS OF THE BRITISH PEOPLE FOR GOOD GOVERNMENT.

T DO not think that it is too boastful to say, -*- that the British people, and our near relations in America and the colonies, are the most governable people on the face of the Earth. It may seem arrogant to enumerate our good qualities in this respect, but I think it must be admitted by other nations, that the British are not given to ferocity ; that we are singularly averse to pushing any conclusion to its extreme ; that we are very conservative ; and that we abhor superlatives of any kind, in language, in conduct, and in controversy. I should hardly venture to say all these fine things of ourselves, if history did not amply confirm the statement.

Consider our two great revolutions ; and it is in revolution, that the nature of a people is

FITNESS FOR GOOD GOVERNMENT. C

most tried. How dignified, for the most part, chap.

was our conduct in these crises ! They ex- « — '

hibit a certain magnanimity, of which every British British reader must be proud. Whether he in their

revolu-

is still an ardent sympathizer with Cavalier tions. or Roundhead ; whether he is a devoted partizan of James II. or of William III. ; he cannot but respect the other side, if he reads history in any spirit of fairness. Our great historical novelist, Sir Walter Scott, a man by no means free from the feelings of partizanship, nevertheless, being essentially a just man, always does ample justice to the other side ; and the feelings of his readers go with him.

Nay, more : in rebellions, as well as in And even revolutions, the governable nature of the lions. British people has not been less manifested. Anyone, who will carefully investigate the rebellions of Wat Tyler and Jack Cade, will, I believe, be constrained to come to a similar conclusion to that which has impressed itself on my mind, in reference to these rebellions. In short, we are the most cautious people in British the world ; if we are to be judged by the limits which we place to political action of all kinds.

IO THE FITNESS OF THE BRITISH

The foregoing assertion might be illustrated in several ways. I prefer adopting one illustration, and endeavouring to work that out thoroughly ; not presuming to say that it is the best, but it is the one that has always struck me the most.

Habit of It is the mode in which everything is bymajo- ultimately settled in Great Britain by the

rity.

majority. In the Apology which Plato gives us, as the speech of Socrates before his judges, there is this remarkable passage : ' Do not be vexed with me for telling you the Plato's truth. There lives not the man who can

Apology

escape destruction if, as a born antagonist, he opposes you, or any other popular majority, and endeavours to prevent many unjust and unconstitutional things being done in the State ; but it is necessary that he who will fight this battle for what is righteous, and yet, even for never so short a time, keep himself unharmed, must maintain the privacy of an individual, and take no part in public affairs.'

Now, in Great Britain there is no such fear for anyone. A man may be in a minority

PEOPLE FOR GOOD GOVERNMENT. II

of one ; and amongst so independent, and so chap.

original a people as the British, there are many * — ■ — '

persons who rather like to find themselves in

a minority of one. That one may be in some Minorities

not opdanger of ridicule, but not in any peril from pressed in

Great

persecution. Without, however, taking this Britain. extreme case, it may be observed how excellent is the conduct of both majority and minority when once the question in dispute has been put to the vote. It is not by any means taken for granted, by either majority or minority, that the question is finally settled. But it is settled for a time. Each party, as a general rule, behaves handsomely to the other. The majority is seldom offensively Conduct

. . rr ofmajori-

minorities.

citrant. Sometimes, of course, when partyspirit runs very high as regards the matter at issue, there are a few noisy persons who make a demonstration. But the wiser men, on each side, gather up their strength for future contests ; or if the matter is one which has been carefully canvassed and long debated, the beaten party makes up its mind to accept the new condition of things ; and re-

THE FITNESS OF THE BRITISH

Goethe's opinion on minorities.

Majority often adopt opinion of minority.

Free-trade.

solves to see how it can best adapt itself to them, and work out its own ulterior views under them.

Goethe says, that all greatness and good sense are to be found in the minority. 1 An Englishman has no fanciful notion of this kind : he thinks that wisdom always rests with that side which he happens to take. Notwithstanding that, he neither despises minorities, nor worships majorities.

The history of any great question in politics shows, that what may have been at one time the opinion of a minority, often succeeds in establishing itself ultimately as the opinion of the majority. Take the question of Free-trade, for instance. Experience seems to have proved, that the opinion in favour of Free-trade is a sound one — has, indeed, with us in England, proceeded from

PEOPLE FOR GOOD GOVERNMENT. 1 3

an opinion to a conclusion. But this opinion chap.

has gone through a series of stages of de- ' r — '

velopment. It was at first held by two or Development of three thoughtful writers, who, perhaps, were opinions.

the only persons in the kingdom who thoroughly believed in it, and were willing to accept all its consequences. The opinion very gradually grew into favour, until it came to be held by an overwhelming majority. It is clear that Goethe's maxim would only have applied to this question during a certain period ; and, therefore, that the maxim is entirely conditional.

The British, I maintain, are very little influenced, one way or the other, by the number of persons happening to hold any particular political opinion. But we believe, that questions must be settled somehow ; and that a most reasonable way of settling them is, to get them put to the vote, and to Willing-

ness to

accept the decision of the majority. We ad ?p fcde *

x j j cisions.

respect that decision ; not, perhaps, intellectually, but physically ; if I may so express it. And that there should be such a respect for the decision of the majority, is an im-

14 THE FITNESS OF THE BRITISH chap, mense advantage to the cause of order, in — - — ' any State.

That almost blasphemous saying, ' The

voice of the people is the voice of God,' is

not one which would find favour with our

fellow-countrymen. But, for all that, the

Voice of voice of the people, when it is made intel-

tobere- ligible, is greatly respected by us, and is

spected.

looked at— not in a religious, but in a business-like kind of way — as a thing which must be observed, and proved ; and, in some measure, attended to.

Aids to The greatest aids to good government

good go- . . .

vemment. are those general principles of thought and action which belong to the character of the people ; and which always can be appealed to, and relied upon, even in times of danger and of difficulty.

I do not believe that I have given too favourable a representation of our political modes of procedure ; and, if my description is a just one, other nations must admit that they cannot appeal to their histories for examples of a similar nature. With us, the beaten party does not hasten to ' descend

PEOPLE FOR GOOD GOVERNMENT. 1 5 into the streets ; ' does not suppose, for a chap. moment, that a matter which has been de- *■ — « — cided by argument, or even by a nice adjustment of moral and political forces, is to be varied or recalled by brute force.

I should not so much insist upon our political history, to prove how well majorities and minorities conduct themselves, if I could not confirm my assertions, in this respect, by our conduct in simpler matters than those of politics. The same obedience to a majority, General

obedience

and respect for the right of a minority, may to the majority. be seen in the decision of matters which are

not political ; and even in our recreations. A dispute arises ; the question is put to the vote ; and it is wonderful, and I may say delightful, to observe what thorough acquiescence, or at least obedience, is obtained, when once the question has been thus decided.

This may seem inconsistent with what has been said before, touching the conduct of the British in times of revolution, for, at any rate, during those periods they have not been content to abide by any mere vote, but

1 6 THE FITNESS OF THE BRITISH chap, have had recourse to arms. All that can — r — ' be said in reply is, that there are certain national questions which cannot be decided by

the head or the tongue, but which must be left

Force ne- to the arbitrament of physical force. When,

times. however, that dire state of things has arisen,

the conduct of the British nation has been, as

stated before, as little repugnant to justice

and humanity as could possibly be expected.

One other important circumstance, which

renders the British more amenable to govern-

British not ment than almost any other people, is, that

addicted

to envy, they are singularly devoid of envy. Considering the immense display of wealth in Great Britain, there is very little disposition manifested, on the part of those who are entirely without wealth, meanly to envy the possessors of it. There is, notwithstanding some appearances to the contrary, less real evidence of the prospect of a revolution, for social purposes, in Great Britain than elsewhere.

Constant Another point, worthy of observation, as attach- regards our fitness for good government, is,

ments.

that we are a very constant people — very

PEOPLE FOR GOOD GOVERNMENT. 1 7

constant in our attachment to our political chap.

friends and favourites. We are hasty in ' * — '

censure : we pounce down very sharply And

though

upon any real or supposed errors of our sharply

critical,

political leaders ; but, there is scarcely any mistake that they may make, anything that they can do, short of committing an act of deliberate baseness, which is not invariably condoned by the good nature of the public, which those leaders guide and govern. We are not the people to expect perfection in anybody ; and our grave and humourous, tolerant and somewhat unprecise nature, makes us main, very tolerant of short-comings.

Lastly, and this is an element of fitness for being well governed, which is of a surprising and peculiar value, we have a horror of pres- Averse to.

1 • . iTT i • extremes,

sing any doctrine to its extreme. We abjure pure science in common life and in politics, and are never fascinated by the desire for completeness. Our proceedings, political and otherwise, are anything but neat, with the neatness of a doctrinaire, but are often very ragged at the edges ; and we really like this rawedness. Hence, we are a people Compro-

00 r r mises.

C

1 8 FITNESS FOR GOOD GOVERNMENT.

chap, delighting in compromises, and much skilled

-"" ' ' in framing these apparently incomplete and

unscientific arrangements, which, however,

often embody the soundest practical wisdom.

I think I have given several valid reasons

Fitness for for my belief in the fitness of the British

good government, people for good government j 1 which reasons,

if true, are a great encouragement to statesmen to work with ardour, and without trepidation, for a people eminently constant, unenvious, practical, thoughtful, and averse to extremes.

1 M. Guizot confirms the views expressed in the text, and his testimony, being that of a foreigner, is most valuable : ' En Angleterre aussi, chaque systeme, chaque principe a eu son temps de force et de succes; jamais aussi completement, aussi exclusivement que sur le continent: le vainqueur a toujours ete contraint de tole'rer la presence de ses rivaux, et de leur faire a chacun sa part.' — Guizot, Civilisation en Europe.

Chapter III. Government Not Less, But More Wanted

AS CIVILIZATION ADVANCES.

PATERNAL GOVERNMENT.

I

T is an opinion of some people, but, as I chap.

hi.

contend, a wrong and delusive opinion,

A wrong

that, as civilization advances, there will be opinion. less and less need for government. I maintain that, on the contrary, there will be more and more need. It is a melancholy fact, but it is a fact, that civilization is mostly attended by complication. And, moreover, individual

effort less

it is attended by a diminution of power, as powerful

now.

regards individual effort. I always like to strengthen an abstract statement by some concrete illustration. Now, take lighting for instance. There was but little occasion for government regulations when the lighting of each particular house, in great cities, entirely depended upon the owner of that house. But now, when the lighting, not only of public

C2 chap, streets, but of private dwellings, is chiefly ef- ' — - — ' fected by four or five great centres of lighting in a town, the whole of this function has entered into the domain of government, for no one private person has power enough to regulate the matter for himself, or can in any way insure that the quality of his light shall be what he desires. A similar Subjects course of argument applies to several of

requiring '

govern- the primary requisites for the well-being

ment inter- .

ference. and comfort of human life. Water supply, drainage, sewerage, means of locomotion, all enter the same category. I maintain, that the wisest and the richest man amongst us, the man too who shall have the most leisure, is perfectly incompetent, especially if he lives in a great town, to provide for himself some of these primary requisites of life. Having once thrown in his fate and his fortunes amongst an agglomerated mass of people, it is to the government alone that he can look for protection.

Massing One of the results of advancing civili-

of the population. Z ation has been an agglomeration of individuals in particular spots, peculiarly suited for commerce or for manufactures. That chap. agglomeration always takes power out of the — - — hands of the individual. It makes a thing too big for him to deal with. The government is the only body that can control the fierce conflict of contending individual interests.

One of the principal consequences of civilization is the division of labour; and that Division

.... . t of labour.

division, though no doubt a great benefit to the commonwealth, deprives each labourer of power over those departments of labour in which he is not concerned as a labourer. His interest, therefore, in those other departments, properly and legitimately goes to the State. And practically he will find, that his only influence over them will be through the influence he can exercise upon the government.

It is not only in these material things that the same law applies. The individual will Diminu-

. tion of

find, that in the greater matters of government, personal

power.

advancing civilization has uniformly deprived him of some personal power and influence ; and that he has, it may be unconsciously, chap, surrendered some of those functions, which

in.

— « — ' would have been his under a simpler form of

life and manners, to this absorbing creature

called government. If he wishes Art or

Advance- Science to advance, not being an artist or a

ment of

Art and scientific man, he will find that the only mode,

Science.

or, at least, the chief mode of action that he can adopt, is through government.

Again ; advancing civilization has not rendered it easier for the individual to deal with Foreign the foreign or colonial matters which concern

and colo- . , .

niai affairs, him. Throughout the world, its progress has only tended to complicate these matters, and rendered it more necessary that those bodies, called governments, should give ever-increasing attention to those interests which they alone can deal with.

Moreover, the holding of property has not become more simple in its nature as

Tenure of civilization has advanced, and has not given

property 111 1

more com- government less to do, but more to do,

plicated. ' ...

in order to protect the various interests to

which it should give fair play. Property,

* as great jurists declare, is but a creature of

the State : it must not be allowed to become a noxious creature to the general community, chap.

I am persuaded, that any man, who will give ' • — '

a large circumspection to this branch of the subject, will be ready to admit that advancing civilization has provided, and will continue to provide, more work to be done by the government of each nation.

I am well aware that the foregoing remarks may be held to indicate the advantage of a form of government, which is not approved of Paternal

governby many persons, who, moreover, think we men t-

have outgrown it ; but which, on the contrary, I hold to be one that we must advance into, rather than recede from. This form of government is called 'paternal government/

I freely admit that this phrase has an evil Has an

ill name

sound with many people, even of those who have given much thought to the general subject of government. They will persist in connecting the idea of unreasonable interference, with that of a paternal government. It is rather hard upon us fathers of families, that this view should be taken, but I do admit that we are sometimes apt to forget our children have come to, what are called ' years chap, of discretion;' and are wont to impose upon " — ■ — ' them, somewhat unreasonably, our own opinions, our own objects, our own desires. This, of course, results from our great affection for them, and our anxiety to enrich them with our own experience, forgetting that experience is a thing which cannot be bought with other people's money, but must be paid for in the coin of individual suffering.

Now the State is in no great danger of

going wrong from an excess of affection, on

the part of those who govern, for those who

are governed ; and, instead of repudiating a

Paternal paternal government, I believe it would be

ment good our best policy to claim it with all the force

policy.

we have.

We are now brought face to face with the

nice and difficult question, of what is justly

* paternal ' action in government, and what is

unreasonable interference. I admit that the

Tme H- moment this paternal government does any-

mits of

paternal thing for any individual which he can do as

government. W ell for himself, it is needlessly interfering,

and tends to dwarf his powers of action, and of

self-improvement. But if, on the other hand, it neelects to do that which cannot be done chap. s in.

by its children, as individuals, it inevitably cripples the well-being and improvement of the individual, and so far tends to render him a stunted creature.

It was a very droll idea of that great wit,

Aristophanes, to represent, in one of his plays, Aristophanes:

a good peaceful citizen who, in time of war, his peaceful citizen.

wished to make a separate peace with the enemy. This excellent person had no desire for conquest, and could not see why he should not come to terms with the enemy, on his own account. We smile at this comical attempt, on the part of an insignificant individual, at reconciliation with a huge adverse Power. Perhaps, however, we do not see, that an attempt similar to that which this good citizen was intent to make, for self-preservation from the horrors and injuries of war, would have to be made by each of us who should endeavour, without the aid of a paternal government, to relieve himself and his family from the horrors and injuries of bad drainage, foul air, or adulterated food. It does not enter into the power of any individual to deal, as an individual, chap, with those potent associations called gas

— - — ' companies, or water companies, or even with individual tradesmen, who, being in a state of prosperous warfare with the community, cannot afford to enter into special terms of peace with a private individual.

Need of I knew a person who, in the innocence and

ment in- confidence of youth, somewhat presumptously,

terference

illustrated, took upon himself the endeavour to abate a great public nuisance ; namely, an open ditch which had, originally, been nothing more than a well-meaning outlet for draining some fields, but which, in the progress of building, had become a sewer of intense malignity. This enterprising young reformer soon found that nothing less than the power of the State could abate this nuisance. One person was willing, but not able to do any good in the matter ; another was able, but not willing ; a third had only a life, or leasehold interest, and had, therefore, no hearty care for improvement. Occasionally, the property, through which this foul sewer ran, belonged to some corporation which was a most difficult body to move. In some instances the owner of the property was

WANTED A S CIVILIZA TION AD VANCES. 2 y not to be discovered, or when discovered was chap. found to be incompetent to manage his own *■ — ■ — ' affairs. In other cases the ownership was the subject of legal controversy. Altogether, it was soon manifest that nothing could be done in the matter without State interference.

Now here is an instance in which advancing civilization, carrying with it a rapid increase of population in particular localities, caused an evil, for which the remedy was only to be interfer-

found in a just and necessary interference on and neces. the part of government, which interference was not less needed because it may be called ' paternal.'

There have been many short and trenchant maxims, the currency of which has been very mischievous to mankind. I doubt whether any one of these maxims has been so mischievous as the saying Caveat emptor. If it caveat